PSH-22-0073 - In the Matter of Personnel Security Hearing

On August 5, 2022, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered derogatory information regarding the Individual's alcohol use, which prompted the LSO to request that the Individual be evaluated by a DOE-consultant psychiatrist ("Psychiatrist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because the derogatory information raised security concerns under Guideline G of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G by citing the Psychiatrist's opinion that the Individual had habitually consumed alcohol to the point of impaired judgment and met the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition ( DSM-5), criteria for Alcohol Use Disorder (AUD), Severe, without adequate evidence of rehabilitation or reformation.

The AJ also concluded that the Individual did not put forth sufficient evidence to resolve the Guideline G security concerns for the following reasons. The DOE Psychiatrist credibly established that the Individual had been diagnosed with depression and AUD in 2017, and it had not been in remission until the Individual reportedly became completely abstinent in 2021 because the Individual had continued to consume alcohol despite knowing that his depression and physical health had been seriously impacted by his alcohol use. The DOE Psychiatrist had recommended several actions the Individual could take to address his AUD. However, by the date of the hearing, the Individual had not followed those recommendations. He had not participated in a counseling or treatment program other than attending AA once week, and he had previously failed to complete an abstinent -based treatment program ("Outpatient Treatment") in 2017. The Individual had also never successfully completed a treatment program or attended aftercare. Furthermore, the Individual did not accept that he had a problem with alcohol. He continued to consume alcohol against the advice of the Outpatient Treatment providers until 2021; he did not attend the recommended number of AA meetings or obtain an AA sponsor; and he intentionally appeared late to the one weekly AA session he did attend to avoid fully participating. Lastly, the Individual was incapable of obtaining random EtG testing or PEth testing recommended by the DOE Psychiatrist ahead of the hearing despite having the Psychiatrist recommendation and an evaluation from his own psychologist and prior experience with EAP and Outpatient Treatment. Finally, the AJ cited that the DOE Psychiatrist concluded at the hearing that the Individual was at the point of sustained remission, but with a low to moderate chance of relapse.

Accordingly, the AJ concluded that the Individual had not resolved the Guideline G security concerns . OHA Case No. PSH-22-0073 (James P. Thompson III)